LALIT KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant and perused impugned judgment dated 5th of December, 2017 passed by Addl. Sessions Judge No.4, Jodhpur Metropolitan (for short, 'learned appellate Court'), whereby learned appellate Court has reversed judgment dated 10th of April, 2017, passed by Special Metropolitan Magistrate, (N.I. Act Cases) No.3, Jodhpur Metropolitan (for short, 'learned trial Court'), convicting accused-respondent No.2 for offence under section 138 of the Negotiable Instruments Act (for short, 'N.I. Act') and also perused the entire record of the case.

(2.) At the threshold, on a complaint of present appellant, learned trial Court convicted accused-respondent for aforesaid offence and handed down sentence of one year simple imprisonment with fine of Rs. 1,60,000/- and, in default of payment of fine to undergo sentence for one month's simple imprisonment. Learned trial Court has further ordered that on expiry of period of limitation, the amount of fine shall be paid to the appellant-complainant as compensation.

(3.) Feeling aggrieved with the judgment of learned trial Court, accused-respondent preferred an appeal before learned appellate Court and the learned appellate Court, after examining the matter afresh, including disputed cheque (Ex.1) and memo (Ex.2) issued by the bank, has found that in the memo (Ex.2) no reasons are spelt out for dishonouring of the cheque by drawee bank. Learned trial Court has also found that the memo as such appears to be not an authentic document inasmuch as it has not been signed by any bank official.